Could accused ship officers in Mobile be allowed to go home before witnesses in case?

MOBILE, Alabama -- Even as a federal judge indicated Wednesday that he would consider allowing 3 foreign ship officers accused of dumping garbage into the ocean to return to their homeland, 3 of their crewmembers face another month stuck in the United States.

The defendants, Prastana Taohim, Payongyut Vongvichiankul and Pakpoom Hanprap, formally pleaded not guilty to obstruction of justice and other charges Wednesday. U.S. Magistrate Judge William Cassady said he would consider defense arguments that the men should be allowed to go back to Thailand until the trial, which he tentatively scheduled for May.

Cassady also ruled that crewmembers Mukund Gajanan Joshi, Rakesh Kumar and Taveesak Yuanglert must remain in the country on "material witness" warrants at least until lawyers on both sides have a chance to question them under oath in depositions in February.

Daniel Smith, an attorney for the crewmembers, noted the irony that his clients might remain in the country against their will longer than the defendants.

"This turns the proceedings on their head," he told Cassady.

Joshi, Kumar and Yuanglert have been living at the Admiral Semmes Hotel along with the defendants and 8 other crewmembers under an agreement the government made with the Gaurav Prem’s owner since the vessel pulled into the Port of Mobile in September. In November, the 3asked for their passports back, at which point the U.S. Attorney’s Office sought the material witness warrant.

Attorneys appointed for the other 8 crewmembers
said Wednesday that their clients are willing to remain until the trial.

Ship owner Target Ship Management has been paying the salaries of all 14 men, as well as lodging and $40 per day to each man for meals. An attorney for the company, Michael Chalos, said the corporation has shelled out about $130,000 so far.

Over the past 4 months, the crewmembers have been restricted from leaving the Southern District of Alabama and have not had access to their passports. Donald E. "Skip" Brutkiewicz Jr., one of the attorneys for the 3 crewmembers who want to go home, said his clients do not speak English well and have been stuck in a foreign country with little to do but watch TV.

During Wednesday’s hearing, Cassady originally suggested scheduling depositions for the crew in March and then allow them to return to their countries. Smith objected.

"This time period between today and March 6 is simply too long for my clients, who are not charged with any wrongdoing," he said.

Cassady ultimately set the depositions for a 5-day period beginning Feb. 9. During those sessions, the witnesses will answer questions from prosecutors and defense lawyers, and that testimony can be used at the trial.

Michael Twersky, an attorney for Hanprap, said that brings up an issue of fairness. He said the crewmembers who have stayed voluntarily likely will provide testimony favorable to the prosecution and will do so directly to a jury. He said the defense likely will have to rely on taped testimony that is favorable to its cause.

Cassady said that would be an issue for the trial judge, U.S. District Judge Kristi DuBose. 